The defendant in this case did not have a legitimate expectation of privacy in a package intercepted by a delivery service and later searched. While the expectation of privacy when using an alias to send or receive mail is something society may accept as reasonable, the coupling of a false name and a false address, along with an unknown sender and a statement by the defendant that the package belonged to someone else, did not demonstrate that the defendant had a reasonable expectation of privacy in the package. State v. Earl, 2009 WI App 99, 320 Wis. 2d 639, 770 N.W.2d 755, 08-1580. In considering the totality of the circumstances surrounding whether consent was given voluntarily, the court considered: 1) whether the police used deception, trickery, or misrepresentation; 2) whether the police threatened or physically intimidated the defendant or punished the defendant by the deprivation of something like food or sleep; 3) whether the conditions attending the request to search were congenial, non-threatening, and cooperative or the opposite; 4) how the defendant responded to the request to search; 5) what characteristics the defendant had as to age, intelligence, education, physical and emotional condition, and prior experience with the police; and 6) whether the police informed the defendant that the defendant could refuse consent. State v. Artic, 2010 WI 83, 327 Wis. 2d 392, 786 N.W.2d 430, 08-0880. Threatening to obtain a search warrant does not vitiate consent if the expressed intention to obtain a warrant is genuine and not merely a pretext to induce submission. State v. Artic, 2010 WI 83, 327 Wis. 2d 392, 786 N.W.2d 430, 08-0880. Voluntary consent is less likely when the defendant answers the door to find officers with guns drawn. However, the fact that an officer has a weapon drawn at the beginning of an encounter does not prevent the situation from evolving into something non-threatening and relatively congenial. State v. Artic, 2010 WI 83, 327 Wis. 2d 392, 786 N.W.2d 430, 08-0880. A defendant’s consent to a search obtained following illegal police activity may be admissible. The court must consider the temporal proximity of the misconduct to the statements by the defendant, the presence of intervening circumstances, and the purpose and flagrancy of the misconduct. Circumstances may mitigate a short time span including congenial conditions. Meaningful intervening circumstances concerns whether the defendant acted of free will unaffected by the initial illegality. Purposefulness and flagrancy of the police conduct is particularly important because it goes to the heart of the exclusionary rule’s objective of deterring unlawful police conduct. State v. Artic, 2010 WI 83, 327 Wis. 2d 392, 786 N.W.2d 430, 08-0880. The rule regarding consent to search a shared dwelling in Randolph, 547 U.S. 103 (2006), which states that a warrantless search cannot be justified when a physically present resident expressly refuses consent, does not apply when a physically present resident is taken forcibly from the residence by law enforcement officers but remains in close physical proximity and refuses to consent after removal from the residence. When the defendant was nearby but not invited to take part in the threshold colloquy in which the defendant’s co-tenant granted permission to search, the defendant did not fall within the rule stated in Randolph such that the search should have been barred and the evidence gained from it suppressed. State v. St. Martin, 2011 WI 44, 334 Wis. 2d 290, 800 N.W.2d 858, 09-1209. Who may consent to the search of a home hinges not upon the law of property, but rests rather on mutual use of the property by persons generally having joint access or control for most purposes. There is no rigid rule that a weekend guest may not grant consent to search. Whether an individual has the constitutional authority to invite law enforcement into the home of another is determined on a case-by-case basis. State v. Sobczak, 2013 WI 52, 347 Wis. 2d 724, 833 N.W.2d 59, 10-3034. Specific factors that weigh on whether an individual has the constitutional authority to invite law enforcement into the home of another include: 1) the relationship of the consenter to the defendant, not only in the familial sense, but also in terms of the social ties between the two; 2) the duration of the consenter’s stay in the premises; 3) a defendant’s decision to leave an individual in the defendant’s home alone; 4) various other miscellaneous facts that may illuminate the depth of an individual’s relationship to the premises, such as whether the individual has been given a key, keeps belongings in the home, or lists the residence as the individual’s address on a driver’s license. State v. Sobczak, 2013 WI 52, 347 Wis. 2d 724, 833 N.W.2d 59, 10-3034. See also State v. Torres, 2018 WI App 23, 381 Wis. 2d 268, 911 N.W.2d 388, 16-1398. To validate the search of an object within a home on consent, the government must satisfy the same requirements as apply to consent to enter, namely, that the consenter had joint access or control of the object for most purposes. State v. Sobczak, 2013 WI 52, 347 Wis. 2d 724, 833 N.W.2d 59, 10-3034. When consent to search a vehicle was given by the vehicle’s driver, a passenger did not effectively withdraw the driver’s consent to search a briefcase contained in the car when the passenger asked, “Got a warrant for that?” Police officers confronted with ambiguous statements, such as the passenger’s in this case, are not under a duty to ask follow-up questions to clarify the ambiguity. State v. Wantland, 2014 WI 58, 355 Wis. 2d 135, 848 N.W.2d 810, 11-3007. Involuntary consent is invalid, regardless of any prior illegality or attenuation therefrom. Attenuation analysis is not voluntariness analysis, and it is not meant to cure the involuntary waiver of rights. Rather, attenuation analysis examines whether voluntary consent is tainted by prior illegality. Attenuation analysis examines three factors to determine whether consent is sufficiently attenuated from illegal action to be removed from the taint of illegality: 1) the temporal proximity of the official misconduct and seizure of evidence; 2) the presence of intervening circumstances; and 3) the purpose and flagrancy of the official misconduct. State v. Hogan, 2015 WI 76, 364 Wis. 2d 167, 868 N.W.2d 124, 13-0430. The attenuation test is the proper test to apply for analyzing voluntary consent to search a vehicle when that consent comes after the illegal extension of a traffic stop. Attenuation analysis may not be necessary in all cases; it is only appropriate when, as a threshold matter, courts determine that the challenged evidence is in some sense the product of illegal governmental activity. If the unlawful police conduct is not a “but-for” cause of the search, attenuation analysis is unnecessary because the consent is not tainted by the unlawful conduct in such a case. State v. Hogan, 2015 WI 76, 364 Wis. 2d 167, 868 N.W.2d 124, 13-0430. After a traffic stop has ended, police may interact with a driver as they would with any citizen on the street. If a person is not seized, police may request consent to search even absent reasonable suspicion. State v. Hogan, 2015 WI 76, 364 Wis. 2d 167, 868 N.W.2d 124, 13-0430. When after consenting to a blood draw, the defendant asked the officer if the officer needed to obtain a warrant to draw the defendant’s blood and the officer shook his head no in response, the officer’s response did not vitiate the voluntariness of the defendant’s consent. The officer did not need a warrant because the defendant already had consented, and the officer was not obligated to explain further than he did. State v. Brar, 2017 WI 73, 376 Wis. 2d 685, 898 N.W.2d 499, 15-1261. A third party may consent to a search of an individual’s property when the third party shares “common authority” over that property. The same common authority standard that applies in the search context also determines whether a third party can consent to a seizure. Whether common authority exists depends on whether the third party has joint access to or control over the individual’s property such that the individual has assumed the risk of the intrusion. In this case, the fact that the defendant had an affair, that he was living in the basement, and that his spouse planned to divorce him did not overcome the spouse’s common authority over their marital property when the spouses continued to cohabitate in the marital home and had joint access to one another’s living areas. State v. Abbott, 2020 WI App 25, 392 Wis. 2d 232, 944 N.W.2d 8, 19-0021. In this case, law enforcement exceeded the scope of consent to search a single user account on a shared computer when they began their forensic examination of a computer’s hard drive by examining the drive’s recycle bin container, which aggregated the deleted files of all the computer’s users, including the defendant’s. When a person limits the person’s consent to search a particular user account on an electronic device, a reasonable person would interpret that consent as being limited to only those files accessible from that account’s user interface. State v. Jereczek, 2021 WI App 30, 398 Wis. 2d 226, 961 N.W.2d 70, 19-0826. A court may not suppress otherwise admissible evidence on the ground that it was seized unlawfully from a third party not before court. United States v. Payner, 447 U.S. 727, 100 S. Ct. 2439, 65 L. Ed. 2d 468 (1980). Defendants charged with crimes of possession may only claim the benefits of the exclusionary rule if their own 4th amendment rights have in fact been violated. United States v. Salvucci, 448 U.S. 83, 100 S. Ct. 2547, 65 L. Ed. 2d 619 (1980). A warrantless entry to premises is permitted under the 4th amendment when entry is based upon third-party consent and officers reasonably believed the third party possessed authority to consent. Illinois v. Rodriguez, 497 U.S. 177, 110 S. Ct. 2793, 111 L. Ed. 2d 148 (1990). An officer’s opening of a closed bag found on the floor of a suspect’s car during a search of the car made with the suspect’s consent was not unreasonable. Florida v. Jimeno, 500 U.S. 248, 111 S. Ct. 1801, 114 L. Ed. 2d 297 (1991). A defendant can urge suppression of evidence obtained in violation of constitutional protections only if that defendant’s rights were violated. United States v. Padilla, 508 U.S. 77, 113 S. Ct. 1936, 123 L. Ed. 2d 635 (1993). The 4th amendment does not require that a seized person must be advised that the person is free to go before the person’s consent to a search can be recognized as voluntary. Ohio v. Robinette, 519 U.S. 33, 117 S. Ct. 417, 136 L. Ed. 2d 347 (1996). A physically present inhabitant’s express refusal of consent to a police search is dispositive as to that inhabitant, regardless of the consent of a fellow occupant. If a potential defendant with self-interest in objecting is in fact at the door and objects, the co-tenant’s permission does not suffice for a reasonable search, whereas the potential objector, nearby but not invited to take part in the threshold colloquy, loses out. Georgia v. Randolph, 547 U.S. 103, 126 S. Ct. 1515, 164 L. Ed. 2d 208 (2006). When a police officer makes a traffic stop, the driver of the car and its passengers are seized within the meaning of the 4th amendment and so may challenge the constitutionality of the stop. Brendlin v. California, 551 U.S. 249, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007).